Archived
Can a attorney take conservator fees out of the estate bank account before final distribution order has been granted?
David's answer
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Answered on March 10, 2019
Generally, attorney fees have priority as administrative expenses that have to be approved by the probate court. So you should have been consulted,...
Home put in will to be passed to me and siblings, step mother now in Assisted living. Can POA sell home?
David's answer
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Answered on March 10, 2019
It always depends on what the POA actually says, but selling assets to pay bills is usually within the scope of a typical POA. You should consult...
Archived
Can my brother be stopped from continually prolonging my mothers estate case?
David's answer
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Answered on March 10, 2019
Make sure that the case gets transferred to an equally competent attorney. Retirement of your attorney should not have any effect on your case.
Archived
Land dispute in family e.g uncle and father?
David's answer
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Answered on March 03, 2019
What is the dispute? If you're the son and uncle, I'm guessing that a sibling died and now his/her kids are the co-beneficiaries... More details!
Archived
Can I move into my mother's house since she is on hospice in a nursing home?
David's answer
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Answered on March 03, 2019
Part of this depends on who is the trustee of the trust. If you and your brother are co-trustees as well as equal beneficiaries (NOT the same...
Archived
Can I file a lawsuit for this?
David's answer
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Answered on March 03, 2019
If you just now found out about the forgery and no innocent person, no bona fide purchaser for value, has intervened or would be damaged, you might...
Archived
As assigned durable power of attorney with my brother what should I do with a person who questions my request for documentation?
David's answer
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Answered on March 03, 2019
Time for sister to wake up and smell coffee... You may not have already reported her for elder financial abuse, but that should be on the table. As...
Archived
What do i have to do to be able to take care of my sons finances when he is in recovery. He is due pension and sale of home chec
David's answer
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Answered on March 03, 2019
You need appropriate powers of attorney and I'd suggest a trust also to hold the funds so that the proceeds could be protected from your son's...
Archived
I am a trustee of a family trust. Just found out that my father won a civil lawsuit? Can the trust collect on his behalf ?
David's answer
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Answered on March 03, 2019
You should be able to collect... the money may have been paid into your state's escheat fund, so you'll have to go there to collect it. Also, if...
Am I responsible for a bill that arrives after probate has been closed on my mother's estate?
David's answer
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Answered on March 03, 2019
Probably not. It sounds as if this company is an unknown creditor that would be barred by the notice to creditors that was published as part of the...
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